NALLURU ST. MATHEWS PUBLIC SCHOOL Vs. ASSISTANT COMMISSIONER

JUDGEMENT

(1.) Does the Endowments Tribunal, constituted under an Act for Hindu religious institutions, possess the jurisdiction to order the eviction of a Christian minority school from land that is prima facie Government property? This Civil Miscellaneous Appeal, instituted under Sec. 84(2) of the Andhra Pradesh Charitable and Hindu Religious, Institutions and Endowments Act, 1987 (Act 30 of 1987) is directed against the judgment and award dtd. 28/2/2011 in O.A. No. 2164 of 2010 (Old No. 102 of 2005 on the file of the Deputy Commissioner, Kakinada), as rendered by the Endowments Tribunal, Hyderabad.

(2.) The respondents, in their capacity as the original petitioners, instituted O.A. No. 102 of 2005. They sought action under Sec. 83 of Act 30 of 1987 against the appellant, with the objective of securing the eviction of Saint Mathew's Public School from the premises known as Sri Nalluri Vari Dharma Thota, Patamata, Vijayawada.

(3.) The appellant is currently in occupation of the land from which their eviction is sought. The respondents contend that the appellant has encroached upon the property belonging to Sri Nalluri Vari Dharma Thota, Patamata, Vijayawada, a property duly published under Sec. 6(c)(i) of Act 30 of 1987. Aggrieved by the judgment and award passed by the Tribunal under Sec. 83(2) of the said Act, the appellant has preferred the present Civil Miscellaneous Appeal under Sec. 84(2) of Act 30 of 1987.